What are my rights as a grandparent my daughter passed away on May 13th of 2018 the child's father has taken custody of said child but he is not liste

[Deeda Boyles]

What is the name of your state? FL

 

[LdiJ]

What is the name of your state? FL

Try again and put your post in the actual box instead of trying to explain your problem in the title.

However, grandparent visitation rights in Florida are basically a dead issue, as the Florida Supreme Court ruled the grandparent visitation laws unconstitutional. Your best bet would be to make friends with your grandchild's father.

 

[adjusterjack]

Agree.

If you meant to write "not listed on the birth certificate" it isn't likely to matter. If it went to court his paternity could easily be proved and he would officially be awarded custody.

Being his adversary could result in you never seeing the child.

 

[stealth2]

I am sorry for your loss.

 

[Taxing Matters]

If the man who has taken physical custody of her is indeed her father then he has the constitutional right to take custody of her and the right to determine with whom she visits unless he has been determined unfit and his parental rights terminated. LdiJ is largely correct that grandparent visitation is pretty much dead in Florida. However, she is not correct that the current grandparent visitation statute has been declared unconstitutional by the Florida Supreme Court. However, that does not help you much. The current statute, which became effective 3 years ago, replaces earlier statutes that had been declared unconstitutional. (Those earlier statutes are likely what LdiJ was talking about.) But the current statute is so restrictive that most grandparents cannot qualify for visitation. That statute states, in relevant part:

A grandparent of a minor child whose parents are deceased, missing, or in a persistent vegetative state, or whose one parent is deceased, missing, or in a persistent vegetative state and whose other parent has been convicted of a felony or an offense of violence evincing behavior that poses a substantial threat of harm to the minor child's health or welfare, may petition the court for court-ordered visitation with the grandchild under this section.​

Fla. Stat. Ann. § 752.011. In short, since your daughter is deceased, you would have a shot at visitation with the grandchild over the father's objection only if the father has (1) a felony conviction or a conviction of a crime of violence and (2) that crime reflected behavior that “poses a substantial threat of harm to the minor child’s health or welfare.” If the father does not have that kind of criminal record you have no shot at court ordered visitation in Florida unless the state moves to take away the father’s parental rights.

The bottom line is that if the father is fit and does not have that kind of criminal record your only chance to visit with the grandchild is what the father allows. That being the case, you may want to try getting into the good graces of the father.

This all assumes that the father and child are in Florida, of course. If they are in a different state you need to tell us what that is as each state’s law is a bit different.

 

[LdiJ]

If the man who has taken physical custody of her is indeed her father then he has the constitutional right to take custody of her and the right to determine with whom she visits unless he has been determined unfit and his parental rights terminated. LdiJ is largely correct that grandparent visitation is pretty much dead in Florida. However, she is not correct that the current grandparent visitation statute has been declared unconstitutional by the Florida Supreme Court. However, that does not help you much. The current statute, which became effective 3 years ago, replaces earlier statutes that had been declared unconstitutional. (Those earlier statutes are likely what LdiJ was talking about.) But the current statute is so restrictive that most grandparents cannot qualify for visitation. That statute states, in relevant part:

A grandparent of a minor child whose parents are deceased, missing, or in a persistent vegetative state, or whose one parent is deceased, missing, or in a persistent vegetative state and whose other parent has been convicted of a felony or an offense of violence evincing behavior that poses a substantial threat of harm to the minor child's health or welfare, may petition the court for court-ordered visitation with the grandchild under this section.​

Fla. Stat. Ann. § 752.011. In short, since your daughter is deceased, you would have a shot at visitation with the grandchild over the father's objection only if the father has (1) a felony conviction or a conviction of a crime of violence and (2) that crime reflected behavior that “poses a substantial threat of harm to the minor child’s health or welfare.” If the father does not have that kind of criminal record you have no shot at court ordered visitation in Florida unless the state moves to take away the father’s parental rights.

The bottom line is that if the father is fit and does not have that kind of criminal record your only chance to visit with the grandchild is what the father allows. That being the case, you may want to try getting into the good graces of the father.

This all assumes that the father and child are in Florida, of course. If they are in a different state you need to tell us what that is as each state’s law is a bit different.

I did not know that Florida had finally passes a new statute. However, I agree with you that its VERY restrictive.